Am I entitled to the refund of service charge?

Matt.Thompson

Hi MSE Forum Users,

We owned a property in 2012, a flat that we paid service charge on. During that time we were over charged a reasonable amount £500.

We sold the flat in Jan 2013 and I've since found out that a refund as be given for the previous year. Friends who still live in the block informed us.

I've contacted the Service Company and they have said they can't speak to me as I am not the owner and the Data Protection Act prevents that. I have asked if we can just speak about the period in which I was the owner, as surely the DPA doesn't prevent that. Still waiting to hear back from them regarding that.

Anyone got any experience\knowledge about a scenario like this?

Thanks,
Matt

tim123456789

You sol should have written terms into the contract such that this is between you and the purchasor.

You need him to write to the purchasors sol to sort this. It is nothing to do with the mangement company, their responsibility to you ends when you assign the property to someone else.

Guest101

I'd suggest speaking to a solicitor, certainly the DPA does not prevent them from speaking to you about when you were an owner. But they also now have no obligation to speak to you, as you no longer have a contract with them.

martinsurrey

The service charge is not for the person, its for the flat, and unless its in the contract its the new owners refund as its their flat now.

If the shoe was on the other foot and they wanted a £5k increase, would you be paying it?

olly300

Matt.Thompson wrote: »

I've contacted the Service Company and they have said they can't speak to me as I am not the owner and the Data Protection Act prevents that. I have asked if we can just speak about the period in which I was the owner, as surely the DPA doesn't prevent that. Still waiting to hear back from them regarding that.

When any organisation states the DPA prevents them from speaking to you ask for that statement to be put in writing so that you can inform the Information Commissioner. Then chase them until they do - you tend to have to follow it up in writing.

It's amazing how many companies answer your query properly once you threaten them with the Information Commissioner and you don't even have to go as far as reporting them.

propertyman

Yeah it only takes a moment to see if you were the last owner on most databases......

That said the common practice is that the solicitor in the sale contracts makes a provision for surplus or deficits in service charges and how they are treated.

They are the first person to contact- check your paperwork first though.